IN THE CASE OF:	  

		BOARD DATE:	  11 March 2010

		DOCKET NUMBER:  AR20090017884 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any). 

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his Reserve Officers' Training Corps (ROTC) scholarship debt in the amount of $11,526.00 be waived due to his enlistment in the Regular Army (RA).

2.  The applicant states that he elected to serve on active duty in lieu of payment and did not realize that the debt had not been forgiven.

3.  The applicant provides the following documents in support of his application:

   a.  DA Form 597-3A-R (Addendum to Army Senior Reserve Officers' Training Corps Scholarship Cadet Contract, dated 1 November 2002;

   b.  DA Form 597-3 (Army Senior Officers' Training Corps (ROTC) Scholarship Cadet Contract), dated 1 November 2002;

   c.  Addendum to Part I Scholarship Contractual Agreement, dated 11 August 2003;

   d.  Headquarters, U.S. Army Cadet Command, Fort Monroe, VA memorandum, subject:  Cadet Action Request for Disenrollment  - Cadet (applicant's name and social security number), dated 25 August 2003;

   e.  Western Region, U.S. Army Cadet Command, Marion, AL memorandum, subject:  Disenrollment Procedures, dated 8 September 2003;

   f.  DA Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 1 October 2003; and

   g.  an Automated Pay Adjustment Authorization, dated 11 May 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the RA in the rank/grade of specialist (SPC)/E-4.

2.  On 1 February 2001, the applicant signed a DA Form 597-3.  Paragraph 7 of that form states that if he was disenrolled from the ROTC program for any reason, the Secretary of the Army could order him to reimburse the United States through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance paid by the United States for his advanced education from the commencement of the contractual agreement to the date of his disenrollment or refusal to accept a commission; or he could be ordered to active duty for not more than 4 years.

3.  Paragraph 8 of his DA Form 597-3 states that if he were called to active duty for breach of contract under the provisions of paragraph 5, he would be ordered to active duty for 2 years if the breach occurred during Military Science II; for
3 years if the breach occurred during Military Science III, or for 4 years if the breach occurred during Military Science IV.

4.  A memorandum from Headquarters, U.S. Army Cadet Command, dated 
25 August 2003, shows the applicant was disenrolled from the ROTC program on 11 July 2003 under the provisions of Army Regulation 145-1 (Senior Reserve Officers' Training Corps Program: Organization, Administration, and Training), paragraph 3-43(a)(6) for failure to maintain a grade point average of 2.0 on a 4.0 scale.

5.  On 11 August 2003, the applicant signed an Addendum to Part I of his Scholarship Contractual Agreement and promised to make repayment in the total amount owed, $11,526.00, in monthly installments, plus interest on the amount owed, as specified in his scholarship contract.

6.  A memorandum, dated 8 September 2003, informed the applicant that he was disenrolled from the ROTC program under the provisions of Army Regulation 145-1, paragraph 3-43a(6).



7.  The applicant enlisted in the RA on 13 November 2003, in the rank/grade of private (PV1)/E-1 for a period of 4 years.  He enlisted for training in military occupational specialty (MOS) 31C (radio operator - maintainer).  His enlistment contract did not entail any other incentives or options.

8.  An Automated Pay Adjustment Authorization, dated 11 May 2007, from the Defense Finance and Accounting Service (DFAS) shows that the applicant incurred a debt in the amount of $11,605.33.

9.  In connection with the processing of this case, on 23 November 2009 an advisory opinion was obtained from the U.S. Army Cadet Command, Deputy Chief of Staff, G1.  The advisory official stated that the terms of the ROTC scholarship contract required the cadet to either repay his debt monetarily, or agree to be ordered to active duty through ROTC channels based on the needs of the Army.  It further indicates the applicant agreed to repay the debt and as a result a debt for the ROTC scholarship was established.

10.  In addition, the advisory official stated that the applicant's enlisted service in the Army is not an authorized remedy for debt repayment under the terms of his ROTC contract, and his actions should not eliminate his debt to the Government. 

11.  On 10 December 2009, the applicant was furnished a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was disenrolled from the ROTC program for breach of contract in July 2003.

2.  The applicant enlisted in the RA on 13 November 2003 in the rank of PV1 for a period of 4 years in a selected MOS.  However, his enlistment did not contain any other incentives or options.

3.  Although not provided for in the applicant’s DA Form 597-3, his 13 November 2003 enlistment in the RA serves the same purpose as it would have served had he been ordered to active duty in the Army.  To date, the applicant continues to serve in the Army.  In effect, the Army received the benefits of his service for the period of his initial 4-year enlistment.  He would have owed the Army a maximum 4 years had he been ordered to active duty.  As a matter of equity, it would be appropriate to consider his enlistment in the RA on 13 November to have met the active duty obligation required by his ROTC scholarship contract.

BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his ROTC scholarship contract to show he satisfied his ROTC scholarship debt in the amount of $11,605.33 under the original terms of the ROTC contract as result of his active duty service in the Regular Army and that he may be reimbursed any amount of the ROTC debt already collected.



      _________X_________
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090017884



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1